Terms and Conditions

1. How It Works: Earn the Gear Program (the “Program”) is a rewards program through which participants can collect points by purchasing specially marked Timber Wolf products that contain a unique code under the lid, available while supplies last. Participants can then visit www.twbackroads.com (the “Site”) and enter their unique code(s) in order to earn points, which may be redeemed for Sponsor-selected merchandise.
2. Program Period: The Program begins at 12:00:01 p.m. ET on March 16, 2009 and ends at 11:59:59 a.m. ET on September 30, 2009 (“Program Period”).
3. Eligibility: The Program is open to legal residents of, and currently residing in, the contiguous 48 United States and the District of Columbia, who are 21 years of age or older as of date of entry and tobacco users. Employees of Pinkerton Tobacco Co. LP (“Sponsor”) and any of its affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies, persons engaged in the development of Program materials or events, and Don Jagoda Associates, Inc., and members of their immediate families (spouses, parents, children, and siblings and their spouses) living in the same household of each are not eligible. Groups, clubs, organizations, commercial entities and businesses cannot participate. Void where prohibited by law and subject to all federal, state and local laws.
4. How to Participate: During the Program Period, you can collect points by purchasing specially marked Timber Wolf and Timber Wolf Packs products that contain a unique 8-digit, alphanumeric code under the lid, available while supplies last. Locate the 8-digit code under the product lid and then visit www.twbackroads.com, click on the Program link and complete all required registration information. If you are a returning user you will be prompted to submit your email address and password in order to sign in. After registering/signing in, click on the “Enter Codes” link, and enter your unique code(s) where indicated. Participants will collect points for each specially-marked product purchased and recorded on the Site during the Program Period. If you are unable to view your code you may use the customer service email provided on the Site for assistance. The points and corresponding prize items are outlined on the Site. The number of points collected will be recorded and tracked on the Site. Codes can only be used one time. There is a limit of 1,000 codes per account during the Program Period.
5. How to Redeem Points: Participants may redeem their points for Sponsor-selected merchandise listed in the “Rewards” section of the Site, while supplies last. To redeem your points, navigate through the items listed on the Site. You can choose any item still available for which you have accumulated sufficient points for redemption. Click on the image corresponding to the item you wish to redeem and follow the instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email. Emails will be sent to the email address assigned to the participant’s account. Participants must redeem points by 11:59:59 a.m. ET on September 30, 2009, unless extended or otherwise modified by Sponsor. Award recipients should allow up to 8-10 weeks from the date of redemption for delivery of merchandise. Sponsor reserves the right to limit quantities and modify the list of merchandise and other items available for point redemption, as well as their corresponding point values, at any time for any reason during the Program Period. All point redemptions for products are final. Refunds, exchanges and other issues are governed by the vendors terms and conditions applicable to the purchase and are not the responsibility of Sponsor. Sponsor reserves the right to modify the available items for redemption and corresponding point totals at any time during the program. Any points remaining in a participants’ account at the end of the Program Period will be forfeited without compensation. The points have no cash value and are only redeemable for offered rewards via the Program. Each participant is responsible for ensuring the accuracy of his/her account and is encouraged to check his/her account regularly. If a participant believes that points were not properly accrued to his/her account, the participant must notify Pinkerton Tobacco Co. LP within 15 days of the day the code was entered, by using the customer service email provided on the Site.
6. General Rules: Participants may not combine or transfer points with other participant’s accounts. Participants may not combine or transfer points within their own personal accounts if they have opened multiple account with different email addresses, as each account is based on participant’s email address. Participants may not combine codes obtained by others for deposit into a single participants account, nor transfer, sell or otherwise dispose of codes in any matter in violation or attempted subversion of these Terms and Conditions. Any attempt to combine or transfer codes or points will result in the disqualification from the Program and forfeiture of all points in any participant’s account. Pinkerton Tobacco Co. LP reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Pinkerton Tobacco Co. LP believes (in its sole discretion) that a participant has violated this provision. Once a participant inputs a code, the validation of the code and the potential points earned will be subject to verification by a judging organization whose decisions on its outcome are final and binding. Points will not be awarded until after the verification process is complete. Codes are void if a) not obtained in accordance with these Terms and Conditions and through legitimate channels or b) any part is counterfeit, altered, defective, tampered with or irregular in any way. Participants must save the Timber Wolf lid with official code for at least 90 days after the date participant redeems an item online, as it may be necessary to submit it later for verification. Sponsor reserves the right to require proof, including but not limited to, the Timber Wolf lid. Sponsors decisions regarding awarding the points are final and binding. Sponsor reserves the right to modify any of the Terms and Conditions set for herein, including, but not limited to, the duration of the Program Period, methods by which participants can collect points, the eligible products to be purchased, the number of points associated with the purchase of eligible products or other activities, the number of purchase through which participants may collect points, the number of points that may be redeemed through the Program, and any of the options made available to participants, with respect to their online accounts, at any time, with or without notice, even though these changes may affect a participants ability to accrue or use his/her points. By participating in this Program, participants agree to be bound by the Terms and Conditions. The Sponsor and its agencies are not responsible for technical, hardware or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Program or by any human error which may occur in the processing of the points in this Program or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Program. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Program or the Sites; violates the Terms and Conditions; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If, for any reason, the Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, then the Sponsor reserves the right at its sole discretion to cancel the Program and only allow points to be redeemed from all eligible participants who submitted their points prior to cancellation.
7. Limitation of Liability: By participating, you agree that Pinkerton Tobacco Co. LP, its respective parent, subsidiaries, affiliated companies, agents, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents, will have no liability whatsoever for, and will be held harmless by you for any liability for any injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the selected merchandise or participation in this Program. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of participant and Pinkerton Tobacco Co. LP in connection with the Program, shall be governed by and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Kentucky, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Kentucky. These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
8. Privacy: The information collected on the Site will be subject to and used in accordance with the Privacy Policy available at the Site by clicking on the Privacy Policy link.